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    IskaralPustHamilton Nolan
    5/18/16 10:15am

    Unless you’re a teacher, doctor, or lawyer, in which case the salary basis and salary level tests don’t apply.

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      nopunin10didIskaralPust
      5/18/16 10:17am

      The standard working hours also get completely convoluted for those professions too.

      Teachers absolutely should get paid more, but overtime pay isn’t going to be a sustainable and practical means of fixing that.

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      the johnIskaralPust
      5/18/16 10:20am

      Only one of those professions has a significant number of people making below $47k, so it wouldn’t apply to the other two anyway.

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    Demon!Hamilton Nolan
    5/18/16 10:13am

    So when an employer refuses to engage with this rule, the burden of proof is going to have to be on the employee. That means insane record-keeping, in duplicate, and a lot of $$$ v $ fighting.

    Is there anything that actually forces adoption of the policy? Even if there’s an issue, most corporations can either legally bury an employee making less than $47k a year or simply recordkeep in ways where any overtime is, by policy, denied. Leading to places where they’re going to fire people if they can’t complete their work within the hours.

    I hope this isn’t the case.

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      QuintDemon!
      5/18/16 10:17am

      Indeed. It almost like it would behove workers to join some kind of group where they could pool together to ensure companies don’t screw them over... What could one call such a thing?

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      BrtStlndQuint
      5/18/16 10:28am

      The Republican Party? I’ve been told that they’re going to fight for the middle class.

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    facwHamilton Nolan
    5/18/16 10:14am

    I’m a bit confused about how this will work though. If you don’t have low-salaried employees keep an independently verified timesheet, how do you know if they are working overtime or not? And if you aren’t going to allow them to work overtime, then that punishes certain employees who wouldn’t be productive enough in a 40 hour week


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      Quintfacw
      5/18/16 10:20am

      If a salaried employee can't get their work done in a full work week maybe they need to hire more people?

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      Anon Recruiterfacw
      5/18/16 10:25am

      Non-exempt employees should always clock in and clock out.

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    BusPassTrollop curls up and diesHamilton Nolan
    5/18/16 10:15am

    This is going to be a nightmare to enforce. I am a salaried employee that regularly goes over 40 hours (not much, but about 3-4 hours a week) and since Tennessee is an at-will state I can’t really imagine how many people will be fired simply because they want to have their overtime reflected on their paychecks.

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      MiniatureamericanflagsforothersBusPassTrollop curls up and dies
      5/18/16 10:22am

      Under the FLSA, that would be retaliation. So one could sue their employer for unlawful termination. FLSA also has a fee shifting provision so your employer would also have to pay for your attorney too at the end of all of it.

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      MrTastyCakesMiniatureamericanflagsforothers
      5/18/16 10:25am

      Under the FLSA, that would be retaliation.

      Prove that you had to work overtime because your boss made you, as opposed to you intentionally ‘milking the clock’. You won’t get fired for demanding overtime pay. You’ll get fired for working the overtime.

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    HiMyNameIsJayAgainHamilton Nolan
    5/18/16 10:12am

    Thanks, Obama.

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      ThisisnttheaccountHiMyNameIsJayAgain
      5/18/16 10:14am

      No kidding, he’s forcefully sending millions of Americans to a higher tax bracket. Thanks Obama

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      itsmeroweHiMyNameIsJayAgain
      5/18/16 10:18am

      Yeah, thanks a lot, Obama! GOSH! Can’t he do anything right??

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    XrdsAlumHamilton Nolan
    5/18/16 10:18am

    A dark day for the American free market (hallowed be Its name). The workers demanding this are so ungrateful. They were paid generous $23,659 salaries given managerial titles. Titles! They should have worked those extra hours for free and kissed their bosses’ Cole Haans for the privilege of being Junior Supervisior of TPS Reporting.

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      toothpetardXrdsAlum
      5/18/16 10:19am

      whatever happened to working for ‘exposure’?

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      mikerootoothpetard
      5/18/16 10:21am

      That old trick got exposed.

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    Pink SkullHamilton Nolan
    5/18/16 10:24am

    It’s a nice start but can we stop the moronic uniform approach to all of these laws when the cost of living varies wildly from region to region. $40K in NYC is not the same as $40K in Mississippi. Hell it isn’t the same as $40K in Syracuse.

    But that requires a lot of math so let’s just say fuck it and treat it like it’s the same thing.

    And no, sometimes you can’t “JUST MOVE LOLZ.” Some people have careers that they can’t pursue in other areas, or have to take care of family.

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      m9105826Pink Skull
      5/18/16 10:33am

      It’s 2016, it can’t be THAT hard to generate a monthly or annual heat map of the cost of living in different areas of the US and then use that as the basis for a multiplier of a national “base” salary level. Say the base is $30,000 in the area of the US with the lowest cost of living, and then use the generated data as a multiplier so that, for example, the new overtime threshold for somewhere like NYC or SF is $60,000. I’m sure that one dedicated person could sit down and knock that algorithm out over the course of a couple of weeks based on publicly available cost of living data.

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      taosaurPink Skull
      5/18/16 11:11am

      If a state, county or municipality falls that far outside national standards, it should probably fall upon that level of government to address the issue, rather than convoluting the federal rule.

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    HellsMellsHamilton Nolan
    5/18/16 10:15am

    I assume this still doesn’t apply to teachers though, right? We are still “exempt”.

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      NicoHellsMells
      5/18/16 1:18pm

      Probably. This is America, we like our people stupid and complacent, why would we invest more in education?

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      ivan256Nico
      5/18/16 7:22pm
      GIF

      Maybe you should ask the people who continually invest more in education:

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    BobbySeriousHamilton Nolan
    5/18/16 10:15am

    I haven’t researched the nuts and bolts of this, but considering I haven’t seen republicans hanging from chandeliers and screaming about the end of the world, I’m skeptical that this will change anything.

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      BabySeaTunaBobbySerious
      5/18/16 10:21am

      I’ve already seen some scare tactic ads from “concerned citizen’s groups” (probably ALEC or Cato Institute or whoever) talking about impending layoffs after this rule kicks in so I’m guessing it’s causing some light apoplexy somewhere in the chain.

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      Xan1567BobbySerious
      5/18/16 10:24am

      On its face, it appears that it will have a HUGE impact on retail labor. It’s standard practice to “promote” folks to assistant manager whatever and give them a pay bump from $9.00 an hour to 20k a year salary..... Then make them work 60 hours a week.

      What this will likely do is further convolute positions, and make a single salary manager position into two <32 hours a week (avoid those benefits) senior shit shoveler positions.

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    kamla deviHamilton Nolan
    5/18/16 10:49am

    So, if you are an hourly employee, whose employer uses all of those “small business” related and “minority, disadvantaged owned” (white woman) owned titles for tax breaks, and regularly are expected to work over 40 hours, without time and a half, your situation remains the same, right?

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      efcdonskamla devi
      5/18/16 11:35am

      You should be getting paid overtime now. Why would you think those tax breaks would affect your right to overtime pay? Your employer is screwing you (probably). If the business grosses more than 500k a year it almost certainly has to pay the employees overtime.

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      KeepitRilkamla devi
      5/18/16 1:29pm

      Excuse me? I don’t get a white woman tax break. And I provide jobs as a small business to 10 competitively paid professionals. How many jobs do you provide? If this impacts small businesses very negatively, jobs will be lost. That’s fact.

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